Legal Definitions - de incremento

De incremento is a historical legal term that translates from Latin to "of increase" or "additional." It refers to something that is added to an existing amount, award, or judgment, typically by a court or other authority, beyond what was initially determined or requested.

Here are some examples to illustrate this concept:

• Imagine a scenario where a jury in a personal injury lawsuit awards a plaintiff $50,000 for medical expenses and lost wages. After the jury delivers its verdict, the judge reviews the case and determines that the plaintiff also incurred significant legal fees that were not covered by the jury's award. The judge might then order an additional sum of $10,000 to cover these legal costs. This $10,000 would be considered an award de incremento, as it is an amount added by the court on top of the jury's initial determination.

• Consider a situation involving a breach of contract. A court might initially rule that one party owes another $100,000 for failing to uphold their agreement. However, if the contract also stipulated that interest would accrue on any unpaid amounts from the date of the breach, the court could then add a specific amount for this accrued interest to the original $100,000. This interest payment would be an amount de incremento, increasing the total financial obligation beyond the principal sum.

• In a property dispute, a court might decide that a landowner is entitled to compensation for a portion of their land that was unlawfully encroached upon. The initial compensation might cover the fair market value of the land itself. However, if the encroachment also caused damage to the landowner's crops or prevented them from using a critical access path, the court could award an additional sum specifically for these consequential damages. This extra compensation for crops or access disruption would be an award de incremento, supplementing the primary award for the land.